42 Nova Southeastern University Student Handbook D.3 Judicial Hearing A Judicial Hearing is a conducted for violation(s) that could result in suspension, dismissal, or expulsion. Hearing Procedures Following notification of charges, the accused student must schedule a hearing with the designated discipline officer. If a student does not respond to a request to schedule a hearing, the university reserves the right to continue its disciplinary procedure, conducting an in absentia hearing. In addition, holds may be placed on a student’s account that restrict registration for future semester(s). The hearing is for the purpose of discussing the alleged violation(s) of the Student Code of Conduct. The hearing will only be open to the accused student, their adviser (should they choose to have one), and the discipline officer and a “recorder.” All hearings will be digitally recorded. An individual “recorder” will be present during the hearing to ensure this process. The individual has no other role in the hearing. The recording will be used only for the appellate process. The record will be the property of the university. The accused student and/or organization is presumed not responsible unless the student and/or organization accepts responsibility, or are determined responsible for the alleged violation(s) based on the preponderance of the evidence. At the beginning of the conversation, the discipline officer will review with the accused student/organization their rights in the process as outlined before, as well as the alleged code violations. The student will have the opportunity to provide a response to the allegations (responsible or not responsible). If the student accepts responsibility, the only determination the discipline officer makes is regarding the sanctions to be imposed. If the student responds with “not responsible,” the student will be provided the opportunity to provide evidence, a witness, or information for the review of the discipline officer. Any witnesses requested shall be present only during the offerings of their information. Witnesses must be able to provide firsthand, relevant information regarding the case. Character witnesses are not accepted. In Absentia—If the student and/or organization fails to schedule or appear for a scheduled hearing, and the discipline officer has, in good faith, exhausted all reasonable efforts to schedule the meeting, the discipline officer may make a determination based on the information available. If the student is found responsible, the officer may impose sanctions. This decision shall be communicated in writing to the student and/or organization via NSU email. At the conclusion of the hearing, the student or organization will receive a written statement as to the disposition of the case, with information regarding each violation alleged. For any graduate or professional student, a copy of the final disposition will be provided to the dean’s office of the student’s college. Sanctions If, following a judicial hearing, the student or organization is found in violation of the Code of Student Conduct and Academic Responsibility, the discipline officer will decide on the sanction to be imposed. One or more of the following sanctions may be imposed for violations. Expulsion is a permanent dismissal from the university with no right for future readmission under any circumstances. A student who has been expelled is barred from campus visiting privileges.